Law 104 leave and company checks: when is it lawful to resort to private investigation agencies? (Il Sole 24 Ore, 26 August 2025 – Vittorio De Luca, Alesia Hima)

Checks must always be carried out in full compliance with the employee’s privacy and dignity.

The use of private investigation agencies can be a potentially very effective tool for companies, allowing them to identify unlawful conduct by their employees, such as the improper use of leave under Law 104/92. However, it is essential to strike a balance between the employer’s need to protect corporate interests and, on the other hand, the employee’s right to dignity and privacy. When resorting to this type of solution, any form of invasive or indiscriminate surveillance must be avoided.”

Furthermore, case law has reiterated that the use of private investigation agencies must be justified by concrete reasons. In fact, an investigation is deemed legitimate only when the employer has well-founded suspicions of an improper use of leave by the employee.

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